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Abandonment
Abandonment. Where The Wife Is Abandoned, And The Has Left The State, The Law Recognizes Her Right To Contract, Sue, And Be Sued As A Single Woman. V. Barker, 52 Vt., 429.) In Some States She Is Entitled To An Order Of Court Awarding Her Temporary Alimony Or Support Out ...

Additional Securities To Absolute
Additional Securities To Absolute Rights In The United States. Our Laws And Institutions Being Largely Borrowed From Or Copied After Those Of England, Afford The Citizen The Same Protections Above Specified By Blackstone. True, We Have No King Whose Prerogative Must Be So Nicely Bounded. But Our Constitutions Prescribe The ...

Adoption
Adoption. By Adoption Is Meant The Taking Or Choosing Of Another's Child As One's Own. It Vas Recognized By The Civil Law, But Not By The Law. In Some States It Is Recognized, And The Local Laws Point Out The Method To Be Followed. In Some States A Written Instrument ...

Alimony
Alimony. Alimony, In Divorce Law, Is The Means Of Support Which The Court Compels The Offending Party To Give The Other Spouse. It May Be Given Temporarily Or Permanently, And Before Or After A Final Decree. Permanent Alimony May Be Enlarged Or Diminished By Decree, And May Continue After The ...

Appointment By The Court
Appointment By The Court. The Appointment Of A Guardian Solely By The Infant Himself, As At Common Law When The Infant At Fourteen Chose To Supersede A Guardian In Socage By One Of His Own Choosing, Is Not Now Permit Ted. Infants Have Still The Privilege Of Selecting A Guardian ...

Appointment By The Parent
Appointment By The Parent. A Father Or Mother May, By A Written Instrument, Usually A Deed Or Will, Appoint A Guardian For The Person Or Property, Or Both, Of His Or Her Minor Children. This Is Called Testamentary And At The Old Law Guardians Thus Appointed Needed No Further Qualification, ...

Appointment Of Guardians
Appointment Of Guardians. Guardians Derive Their Authority Either From The Law, As In The Case Of Natural Guardians, Or From A Special Appointment. The Special Appointment May Be By The Parent. By The Infant Himself, Or By A Competent Court. The Legal Authority Of The Parent To The Custody Of ...

Authorities
Authorities. The Authors Who Have Written Treatises Upon The Topics Now Generally Known As The Domestic Relations Have Not Uniformly Their Productions As Works Upon The Domestic Relations, And This Fact Is To Be Kept In Mind By The Student. Among The Most Available Sources Of Infor Mation Upon The ...

Breach Of Promise
Breach Of Promise. The Wellknown And Muchabused Of Breach Of Promise Results From The Failure Of One Of The Parties To Fulfill The Executory Agreement To Marry. The Action Is Sustainable By A Man Against A Woman, But It Is Usually The Woman That Asks This Consolation. (i Salk., 24; ...

Civil Or Social Position
Civil Or Social Position As A Disqualification. At Common Law Neither Race, Color Or Social Position Was An Impediment To Marriage. \vhile Social Position, Religion, Etc., Are No Bar To Marriage In The United States, Yet By Statutes In Some States Marriages Between Different Races Are As Between A Black ...

Classes Of Servants At
Classes Of Servants At Common Law. By The Common Law Servants Were Either: 1, Menial Servants Or Domestics; 2, Apprentices; 3, Laborers; 4, Ministerial Servants, As Stewards, Factors And Bailiffs. I. Menial Servants. These Were Such As Lived "intra Maenia" As Part Of The Family. The Contract Here Was One ...

Compensation Of Guardians
Compensation Of Guardians. In England The Rule Has Always Prevailed That The Services Of Executors, Guardians And Trustees Should Be Treated As Honorary And Gratuitous, Chancery Reimbursement For Necessary Expenses Incurred. But This Rule Has Not Been Followed In The American States. The Local Law Either Prescribes A Certain Or ...

Consent Of Parents
Consent Of Parents. Lord Hardwicke's Act, Referred To In The Previous Section, Made The Marriage Of Minors Void Unless With The Consent Of Parents Or Guardians. This Provision Was So Intolerable That Gretna Green Marriages Became The Rule, And The Act Was So Modi Fled As To Allow The Marriage ...

Contracts
Contracts. The Provisions Of The Fundamental Law Aim To Protect Property In Expectancy As Well As In Possession. Thus Contracts, Which Are The Chief Species Of Property In Are Not To Be Impaired, When Made, By Any Future State Action. See No. 2, Home Law School Series, Sec. 172. ...

Conveyances And Contracts Between
Conveyances And Contracts Between Husband And Wife. At Law, As Distinguished From Equity, The Husband And Wife Could Not Convey To Or Contract Directly With Each Other, And Such Conveyances Or Contracts Were Treated As Absolutely Void. (co. Litt., 112, A, 187, B; 2 Kent, Com., 129.) But Husband And ...

Corporal
Corporal Corporal Liberty Is Described Under Our As The Liberty' To Go Wherever, Or Do One Chooses, Provided One Does Not Interfere With The Rights Of Others. Here We See That Corporal Liberty Is But Natural Liberty So Far Restrained As Is For The General Advantage. Prof. Walker Observes That ...

Correction
Correction. At The Ancient Roman Law The Father Had The Power Of Life And Death Over His Children, Upon The Principle That He Who Gave Had The Right To Take Away. The English Common Law, While Recognizing The Power Of The Parent To Correct The Child, Reduced The Power To ...

Creating The Separate Use
Creating The Separate Use. To Overturn The General Rule Of The Common Law Vesting The Wife's Property In The Husband Or Limiting It To His Use, And Establish The Wife's Equitable Separate Use, There Must Be A Clear Intent To Create A Separate Estate For Her. While Technical Words Are ...

Criticism Of Blackstones Division
Criticism Of Blackstone's Division. Judge Cooley In A Note To This Section Of Blackstone Criticises The Division Of "rights Of Persons" And "rights Of Things" As Being The Same Thing, For, As He Observes, "all Rights Whatever Must Be The Rights Of Certain Persons To Certain Things. Every Right Is ...

Criticism Of The Relation
Criticism Of The Relation. "a Master Is One Who Has Legal Authority Over And The Person Over Whom Such Authority May Be Rightfully Exercised Is His Servant. The Relation Of Master And Servant Presupposes Two Parties Who Stand On An Unequal Footing In Their Mutual Dealings; Yet Not Naturally So, ...

Custody Of The Child
Custody Of The Child. Thc Father Has The Primary Right To The Custody Of His Children, And On His Death May A Guardian, But The Mother Generally Succeeds To The Natural Rights Of The Father. (people V. 27 Barb., 9.) And This Was A Plain Principle Of The Common Law, ...

Defenses To A Suit
Defenses To A Suit For Quite Uniformly The Statutes Require The Causes Upon Which The Divorce Is Granted To Be Made Out By Other Evidence Than That Of The Injured Party, And This Whether The Defendant Contests Or Not. So A Suit For Divorce May Be Defeated Because Of The ...

Divorce
Divorce. "on Two Points," Says Schouler, "english And American Jurists Seem To Agree: First, That The Government Has The Right To Dissolve A Marriage During The Lifetime Of Both Parties, Provided The Reasons Are Weighty; Second, That, Unless Those Reasons Are Weighty, Husband And Wife Should Be Divorced Only By ...

Divorces Absolute Or A
Divorces Absolute Or A Vinculo. The Chief Cause For Granting An Absolute Divorce Is Adultery, Which Schouler Defines As "voluntary Sexual Intercourse Of Either Married Party With Some One, Married Or Single, Of The Opposite Sex, Other Than The Offender's Own Spouse." (d. Rel., Sec. 22ob.) The Only State Not ...

Divorces Of Nullity
Divorces Of Nullity. A Divorce Of Nullity Is A Judicial Decree That A Supposed Marriage Never Had Any Valid Legal Existence. Its Purpose Is One Of Expediency And In Having A Void Or Voidable Marriage By Judicial Authority. (2 Johns., Ch. 343.) The Grounds Or Causes Of Granting A Divorce ...

Domicile
Domicile. A Marriage Implies A Home, And The General Obligation Of The Parties To Live There Together. The Husband As Head Of The Family The Home, And It Is The Duty Of The Wife To Live There With Him, And His Domicile Determines Hers. (greene V. Greene, 11 Pick., 410415.) ...

Duties As To The
Duties As To The Person. The Guardian's Duties Are Those Of The Parent, Protection, Education, And Maintenance. But His Duty Differs In This That He Is Bound To The Ward Only To The Extent Of The Ward's Own If There Is No Estate The Ward Must Be Put To Work, ...

Duties Of Children
Duties Of Children. The Moral Duty Of The Child To The Parents Is To Honor And Obey Them. The Common Law Did Not Impose The Obligation Of Support. (edwards V. Davis, I6 Johns., 281; 2 Kent. Com., 207.) The Imperfect Obligation Of The Child To Support Aged And Indigent Parents ...

Duties Of Parents
Duties Of Parents. The Duties Of Parents To Their Legitimate Children, Blackstone Consists In The Three Particulars Of Maintenance, Protection And Education. (i Bl. Corn., 446.) In The Absence Of Statute, Protection And Education Are Duties Permitted Rather Than Enforced. The Legal Duty Of The Parent As Required By Statutes ...

Effect Of Divorce
Effect Of Divorce. The Effect Of A Valid And Complete Decree Of Dissolution, Or Divorce, Upon The Property Rights Of The Parties Is Substantially That Of Death, Or, Rather, Annihilation. (schoul., D. Rel., Sec. 221.) And Unless Statutes A Division Of The Property, Or A Decree Of Is Rendered, The ...

Effect Of The Relation
Effect Of The Relation At Common Law. By Service, All Servants And Except Apprentices, Became Entitled To Wages; According To Their Agreement, If Menial Servants; Or According To The Fixed Wage If Laborers Or Servants In Husbandry. The Master Had The Right To Correct His Apprentice For Negligence Or Other ...

Elements Essential To A
Elements Essential To A Valid Marriage. To Constitute A Perfect Mar Riage, "the Contracting Parties Should Be Two Persons Of The Opposite Sex, Without Disqualification Of Blood Or Condition, Both Mentally Competent And Physically Fit To Discharge The Duties Of The Relation, Neither Of Them Being Bound By A Previous ...

Emancipation Rights Of Children
Rights Of Children, Emancipation. The Rights Of Children Include Those Which We Have Already Considered, As Support, The Power To Bind The Parent As Agent, Etc. Again, A Father May Emancipate His Minor Child And Thus Give Him A Right To His Own Earnings. This Term Is Borrowed From The ...

Equality
Equality. The Language Of Constitutions Declaring The Equality Of Men Is Not Construed To Mean That All Men Are Equal In Every Respect, Or That Government Should Secure Them Exact Conditions, Opportunities, Or Properties. Judge \\talker Thus States The True Meaning To Be "that Equality Of Civil And Po Litical ...

Equity
Equity A Deed Directly From Husband To Wife Will Be Sustained In Equity Where There Is An Antenuptial Agreement, Or The Wife Gives Up The Right To Her Dower As A Consideration. And A Husband And Wife May Con Tract For A Bona Fide And Valuable Consideration For A Transfer ...

Excusing The Breach Of
Excusing The Breach Of Contract. If A Man Promises To Marry A Woman, Having Reason To Suppose The Is Chaste, And She Encourages Him So To When In Reality She Is Not, It Is Such A Fraud As Will Justify A Refusal To Perform The Contract. (3 Bing. (n. C.) ...

False
False The "satisfactory" Remedy For The Injury Of False Imprisonment Is By An Action Of Trespass By Force And Arms, Usually Called An Action For False Wherein The Party Recovers Damages For The Injuries He Has Received. ...

Foreign Marriages
Foreign Marriages. As A Of Comity Among Nations, A Marriage Valid Where Celebrated Is Valid Everywhere. But This General Rule Is To Be Qualified To This Extent: First, As To Matter Of Ceremony Or Form, A Marriage Valid Where Entered Into Is Valid Everywhere; Second, As Regards Capacity To Marry, ...

Formation Of The Relation
Formation Of The Relation. As The Relation Is Founded On Contract, One Who To Work For Another Does Not Become Entitled To Pay. (bartholomew V. Jackson, Zo Johns., 28.) The Assent Of Both Parties Is Essential To The Contract Of Hiring, But A Man Who Has An Opportunity To Accept ...

Fraud Or Error May
Force, Fraud Or Error May Invalidate A Marriage. Force Implies A Physical Constraint Of The Will; Fraud, Some Deception Changing The Natural State Of The Will; And Error, One Or Both Of These Factors Influencing The Person's Free Will. In Each Of These Cases, There Being No Mutual Consent, A ...

General Classification
General Classification. As We Have Seen In The Preceding Chapter, The Absolute Rights Of Individuals Fall In One Or The Other Of The General Divisions: 1, Personal Security; 2, Personal Liberty; Or, 3, Private Property. These Divisions We Shall Consider In Their Order, Together With The Remedies For Their Violation. ...

General Disabilities Of
General Disabilities Of An Infant Is Presumed Incapable From Lack Of Age Of Acting With The Ability And Capacity Of An Adult. Hence An Infant May Not Hold A Legislative Or Judicial Office; Or Be An Executor Or Trustee, Or Be A Juror Or An Attorney At Law, Or In ...

Guardians Accounts
Guardian's Accounts. The Guardian Is Required To Account To The Court Him, From Time To Time, As To The Condition Of The Ward's Estate. The First Account Shows The Extent Of The Ward's Property, And Intermediate Accounts Though Required Are Not Conclusive Though Judicially Approved. They Serve To Keep The ...

Guardianship At Common Law
Guardianship At Common Law, At Common Law There Were A Variety Of Which Are Now Obsolete, Or Are Replaced By Statutory Enactments, Or Changed By The Form Of Our Institutions. (2 Kent. Com., 221.) Blackstone Three Species Of Guardians Recognized By The Common Law, As, Guardians By Nature, Guardians For ...

Guardianship Defined
Guardianship Defined. Arises When One Person Is Entrusted By Law With The Interests Of Another, Who From Youth, Inexpe Rience, Mental Weakness Or Other Cause Is Disqualified From Acting For Himself. The Person So Entrusted Is Called The "guardian," And The Individual Whose Person Or Property Is Entrusted To The ...

Guardianship In The United
Guardianship In The United States. The Common Law Relating To Guardianship Has Been Largely Replaced By Legislation In The Various States Of The Union. And The Whole Subject Is In A Great Measure By Local Statutes. There Are Fewer Kinds Of Guardians, And Outside Of Guardianship By Nature, Or The ...

Habeas
Habeas Two Points Are Requisite To Constitute The Of False Imprisonment : 1, The Detention Of The Person, And, 2, The Unlawfulness Of Such Detention. And We Have Seen In The Preceding Section That The Common Law Gives Two Remedies, The One By Habeas Corpus To Remove The Injury, The ...

Husband And Wife As
Husband And Wife As As A Rule Of The Common Law Husband And Wife Cannot Be Witnesses Or Testify For Or Against Each Other, And The Rule Holds Though Both Parties Consent. (davis V. Dinwoocly, 4 Tr., 678.) And The Rule Holds After The Dissolution Of The Marriage By Death ...

Husbands Liability For Wifes
Husband's Liability For Wife's Debts Before Marriage. At Common Law, Immediately Upon The Marriage The Becomes Liable For The Debts Of His Wife While She Was Single, For As Blackstone He Has Adopted Her And Her Circumstances This Liability For The Wife's Previous Debts Is A Sort Of Recompense For ...

Husbands Liability For Wifes_2
Husband's Liability For Wife's Debts After Marriage. After Marriage, At Common Law, The Legal Identity Of The Wife Is Merged In That Of Her Husband, And While The Is Bound For All Just Debts Incurred In Her And May Be Bound By Her Contract For The Wife Cannot Make A ...

Husbands Liability For Wifes_3
Husband's Liability For Wife's Wrongs. At Common Law The Husband Is Liable In All Civil Suits Founded Upon The Wife's Torts Or Wrongs Committed Before Or During Coverture. But In This Case They Must Be Validly Married And Not Cohabiting, The Responsibility Being Different From That In The Case Of ...

Illegitimate Children
Illegitimate Children. By The Common Law An Illegitimate Child Had No Rights, As He Was Regarded As "filius Nullius." A Bastard Was Of Being Heir To Any One; Could Have No Heirs Save Of His Own Body, And Could Have No Surname Save By Reputation. (i Bl. Com., Statutes Have ...

Importance Of The Protection
Importance Of The Protection Of Absolute Rights. "the Principal Aim Of Society," Observes Blackstone, "is To Protect Individuals In The Enjoyment Of Those Absolute Rights, Which Were Vested In Them By The Immutable Laws Of Nature; But Which Could Not Be Preserved In Peace Without That Mutual Assistance And Intercourse, ...

Importance Of The Protection_2
Importance Of The Protection Of Personal Liberty. The Of Personal Liberty Is Of The Highest Importance, As Without It There Would Soon Be An End Of All Other Rights And Immunities. As Blackstone Reasons, To Take A Man's Life, Or By Violence To Confiscate His Estate, Without Accusation Or Trial, ...

Infants Fraudulent Representations As
Infant's Fraudulent Representations As To Age. There Is A Conflict As To The Liability Of An For False Representations As To His Age. Many Cases Hold That An Infant Who Falsely Affirms Goods To Be His Own, And That He Had A Right To Sell Them, And Thereby Induces The ...

Infants Liability For His
Infant's Liability For His Torts. It Is A General Principle That Infancy Shall Not Be Permitted To Protect Wrongful Acts. (2 Kent. Com., 24o.) For Every Injury To The Person Or Of Another Arising Ex Delicto Infants Must Respond In Damages To The Extent Of Their Pecuniary Means. (bullock V. ...

Infants Suits
Infant's Suits. An Infant Can Sue And Defend Civil Suits At Law By Guardian Or Next Friend Only, And Not By Attorney Or In Person. (co. Litt., 88b; Starbird V. Moore, 21 Vt., 529.) A Guardian Ad Litem May Be Appointed To Defend An Action Against Him. The Statute Of ...

Infants Void Contracts
Infant's Void Contracts. Certain Contracts Of An Infant Are Absolutely Void. But The Rule Which Held All Contracts To His Prejudice Void Has Been Modified. The Rule Of Zouch V. Parsons, 3 Bur., 1804, Is To The Effect That All Deeds Of An Infant Which Do Not Take Effect By ...

Infants
Infant's The Most Important Class Of Binding Contracts Which An Infant May Make Are Those For But While An Infant May Bind Himself For Necessaries It Is Not To Be Inferred That He Is Responsible For Everything Classed As Such Supplied Him, Regardless Of Whether He Is In Need Of ...

Instances
Instances. In The Absence Of Statute What Constitutes A Ratification Is A Matter Of Precedent. Mere Silence For Any Length Of Time After Obtaining His Majority Short Of A Period Sufficient To Constitute A Defense Under The Of Limitations Is Not A Ratification. (sims V. 102 U. S., 300.) But ...

Legitimate And Illegitimate Children
Legitimate And Illegitimate Children. All Children Are Not Born In Lawful Wedlock, And The Law Which Aimed To Protect Another Legal Relation, That Of Marriage, Did Not Scruple To Offspring Born Out Of Wedlock Of All Their Rights. Hence Children At Common Law, And Now, Are Either Legitimate Or Illegitimate, ...

Libel
Libel Written Slander, Or Libel, In Its Most Extensive Meaning, Any Malicious Defamation, Expressed Either In Printing, Pictures, Or Effigies. (v. Co. Rep., 125.) At Common Law, As Well As By Statute, There Are Two Remedies: One By Indictment, And The Other By Action For Damages. The Common Law Regarded ...

Liberty Of Speech And
Liberty Of Speech And Of The Press. The Federal Constitution Provides That "congress Shall Make No Law Abridging The Freedom Of Speech Or Of The Press." State Constitutions Recognize This Liberty, But Hold Responsible For Its Abuse.* From Which Judge Walker Concludes: "the Doctrine Then, Is, That The Liberty Of ...

Malicious Prosecution A
Malicious Prosecution. "a Third Way Of Destroying Or Injuring A Man's Reputation Is By Preferring Malicious Indictments Or Prosecutions Against Him, Which, Under The Mask Of Justice And Public Spirit, Are Sometimes Made The Engines Of Private Spite And Enmity." (iii. Bl. Com., 126.) The Common Law Remedies Were The ...

Marriage Defined
Marriage Defined. Marriage Is Sometimes Spoken Of As A Contract, Made In Due Form Of Iaw, By Which A Man And A Woman Reciprocally To Live With Each Other During Their Joint Lives, And To Discharge Toward Each Other The Duties Imposed By Law On The Relation Of Husband And ...

Master And Servant As
Master And Servant As A Domestic Relation. The Legal Branch Known As Master And Servant Is Not Strictly A Relation, As It Is Enlarged To Include All Sorts Of Contracts Wherein One Person Engages To Labor For Another, That Is, The Relation Of Employer And Blackstone Treats Master And Servant ...

Masters Liability To Others
Master's Liability To Others For The Servant's Torts. The Common Law Rule Of The Master Being Responsible For The Acts Of His Servant Within The Scope Of His Authority And Still Maintains. And It Is Held, Though The Particular Acts Were Not Authorized, Or Were Even Yet He Is Liable. ...

Meaning And Scope Of
Meaning And Scope Of The Domestic Relations. The Word "domestic" Signifies Home Or Household Affairs, Including The Family And Servants, And Distinguishes The Subject Of Domestic Relations From The Other Public Or Private Of Individuals Which Do Not So Particularly The Home. As Treated By The Leading Textwriters The Subject ...

Meaning Of Personal Rights
Meaning Of "personal Rights." The Branch Or Division Of Law Known As "personal Rights," Results From Blackstone's Of The Law In The First Book Of His After First Dividing The Realm Of Law Into The Two Great Divisions "rights That Are Commanded" And "wrongs That Are Forbidden," He Thus Continues: ...

Meaning Of Personal
Meaning Of Personal "personal Liberty," In The Words Of "consists In The Power Of Locomotion, Of Situation, Or Moving One's Person To Whatsoever Place One's Own Inclination May Direct, Without Or Restraint, Unless By Due Course Of Law." (i. Bl. Com., 134.) The Same Author Observes That It Is A ...

Meaning Of Rights
Meaning Of Rights. A Right Is Defined To Be "one Man's Capacity Of The Acts Of Another, By Means, Not Of His Own Strength, But Of The Opinion Or Force Of Society." A Legal Right Is Defined By The Same Author To Be, "a Capacity Residing In One Man Of ...

Mental Capacity
Mental Capacity. The Marriage Relation Is Founded Upon The Consent Of The Parties, And This Consent Cannot Be Given By One Incapable Of The Nature Of The Relation. (turner V. Mey Ers, I Hag. Con., 414.) No One Can Contract A Valid Marriage Unless Capable At The Time Of Giving ...

Mutual Duties
Mutual Duties. The Wife Is To Love, Honor And Obey; And The Husband Is To Love, And Protect His Wife, And Deliver Her From Insult And Treat Her Kindly. The Husband Undertakes To Furnish His Wife A Suitable Home, And Maintain Her According To His Means And Condition, And Provide ...

Mutual Rights Of Society
Mutual Rights Of Society And Companionship. The Husband And Wife Are Each Equally ,entitlecl_to The Society And Of The Other. (hutcheson V. Peck, 5 Johns, 196.) The Common Law Gives The Right Of Action For Damages Against Any Person Enticing Away A Spouse, Or Inducing Him Or Her To Live ...

Natural And Artificial
Natural And Artificial Persons Are Divided By The Law Into Either, 1, Natural Persons, Or, 2, Artificial Persons. Natural Persons Are Such As The God Of Nature Formed Us; Artificial Are Such As Are Coated And By Human Laws For The Purposes Of Society And Government, Which Are Called Corporations ...

Natural Liberty Absolute Rights
Absolute Rights, Natural Liberty, And Civil Liberty. "the Rights Of Man, Considered As A Free Agent, With Discernment To Know Good From Evil, And With Power Of Choosing Those Measures Which Appear To Him To Be Most Desirable, Are Usually Summed Up In One General Appellation, And Denominated The Natural ...

Nature Of The Contract
Nature Of The Contract. Though Marriage Is Considered As A Civil Contract, It Has Some Incidents Which Make Of It A Particular Of Contract, Or, Rather, A "domestic Relation From Contract." Thus The Promise To Marry Is Not Within The Statute Of Frauds, And Need Not Be Stamped When In ...

Necessaries
Necessaries. The Common Law, Which Deprived The Wife Of Her And Gave It To The Husband, Protected Her Life At Least, By Recognizing Her Authority As Agent Of The Husband To Supply Her Indispensable Wants At His Ex Pense.* This Rule Of Law Is Based On The Husband's Duty To ...

Parent And Child As
Parent And Child As A Domestic Relation. The Second Of The Domestic Relations Is That Of Parent And Child, And, As A Legal Topic, Consists Of Those Natural And Legal Rules Which Fix And Govern The Respective Rights And Duties Between Parents And Their Offspring. It Is The Most Universal ...

Parents Liability For Child
Parent's Liability For Child' Torts. The Parent Is Not Liable In For The Torts Or Wrongs Of His Child Committed Without His Knowledge, Consent, Participation Or And Not In The Course Of His Employment Of The Child. (schoul., Dom. Rel., Sec. 263.) A Pennsylvania Case Holds The Parent Responsible For ...

Parents Right Of Action
Parent's Right Of Action For Injuries To Child. The Parent Has A Right Of Action For Expenses And Loss Of Services Of The Child Caused By The Negligence Or Wrongful Act Of Another. (hatfield V. Roper, 21 Wend., 615.) The Action Being Founded On The Loss Of Service, The English ...

Partial Divorces
Partial Divorces. A Partial Or Limited Divorce From Bed And Board Is Yet Granted In Some States. The Common Law Did Not Allow This Divorce To The Husband. (van V. Van Veghten, 4 Johns., Ch. 5o1.) New York, Which Grants An Absolute Divorce Only In Case Of Adultery, Grants This ...

Persons In Loco Parentis
Persons In Loco Parentis. Sometimes It Is Necessary For The Law To Accept Or Designate A Person To Act For Or In Place Of A Parent, In The Care, Custody And Control Of Infants, Or Of Persons Incapacitated To Care For Themselves. Such Persons, As Regards Their General Rights And ...

Physical Capacity
Physical Capacity. Physical Incapacity, Or Impotence, Existing At The Time Of The Marriage Will Render It Invalid. (powell V. Powell, I8 Kans., 371; Morrell V. Morrell, 24 N. Y. Supr., 324.) By Physical Capacity Is Meant Simply That The Sexual Organization Of Both Parties Shall Be Complete. So Mere Barrenness ...

Power Of Wife To
Power Of Wife To Contract As Husband's Agent. Though The Common Law Does Not Allow The Wife To Make Contracts, It Does Allow Her To Represent Her Husband As His Agent, And Bind Him As The Principal. Blackstone Observes That This Power Of The Wife Implies No Separation From, But ...

Prior Marriage Undissolved Disqualifies
Prior Marriage Undissolved Disqualifies. Where A Valid Exists, A Marriage Contracted By Either Party To It Is Void. (2 Kent, Com., 79.) And The Guilty Party Is Subject To Criminal Prosecution For Bigamy. (rev. Stat. Ohio, Sec. 7018.) Polygamous Or Bigamous Are Prohibited In All Of The States, And, Though ...

Proper Age
Proper Age. Infancy Or Nonage Is Presumed To Affect The Mental And Physical Capacity Of Parties, And Hence Is An Impediment To A Valid The Common Law Fixed The Marriageable Age At Fourteen For Males, And Twelve For Females, And This Age Was Also Regarded As The Age Of Puberty. ...

Proper Celebration Of The
Proper Celebration Of The Marriage. By The Common Law, Marriage Being A Civil Contract Founded Upon The Consent Of The No Legal Forms Or Religious Solemnities Were And No Special Mode Of Proof. (2 Kent. Coin., 867.) Schouler Thinks That Hatred Of Popish Ceremony And Ritualism, Which Treated Marriage As ...

Property
Property. The Third Absolute Right Is That Of Property. According To Blackstone This In The Free Use, Enjoyment, And Disposal By A Of All His Acquisitions, Without Any Control Or Save Only By The Laws Of The Land. (i. Bl. Corn., 138.) The Same Author Suggests That The Origin Of ...

Protection Of Personal Liberty
Protection Of Personal Liberty In The United States. By Thedec Laration Of Independence, Which May Be Regarded As Our Magna Charta, It Is Declared "that All Men Are Created Equal; That They Are Endowed By Their Creator With Certain Inalienable Rights; That Among These Are Life, Liberty, And The Pursuit ...

Protection To Health
Protection To Health. A Man's Health Is To Be Protected From Such Practices On The Part Of Others As May Affect Or Destroy It. At Law, "any Unwholesome Practices Of Another," By Which A Man Sustains Damage In Vigor Or Constitution, Were Actionable. Thus, Selling Bad Provisions Or Wine, The ...

Protection To Personal Liberty
Protection To Personal Liberty At Common Law. The Common Law Aimed To Protect The Subject Against All Unlawful Or Restraint. And The Remedies Given Were The Writ Of Habeas Corpus To Get Released From And An Action Sounding In Damages For False Imprisonment. "the Confinement Of The Person, In Any ...

Protection To Property At
Protection To Property At Common Law. The Common Law Is Extremely Watchful In Ascertaining And Protecting The Right To Property. Magna Charta Declared That No Freeman Shall Be Disscized, Or Divested, Of His Freehold, Of His Liberties, Or Free Customs But By The Judgment Of His Peers, Or By The ...

Protection To Property In
Protection To Property In The United States. The Federal Constitution, In The Fifth Amendment, Provides That No Person Shall Be Deprived Of Property Without Due Process Of Law, Nor Shall Private Property Be Taken For Public Use Without Just Compensation. And This Restraint Is Extended To The State Governments By ...

Protection To Reputation
Protection To Reputation. "every Man," Says Blackstone, "is Entitled, By Reason And Natural Justice, To The Security Of His Good Name And Reputation From The Arts Of Detraction And Observing, That Without These, It Is Impossible To Have The Perfect Enjoyment Of Any Other Advantage Or Right. (i. Bl. Com., ...

Ratification And Avoidance Of
Ratification And Avoidance Of Contracts. The Disabilities Of Infancy Are Personal Privileges Allowed For His Protection Against Imposition, And No One Has The Right To Avoid The Contracts, Save Himself, His Heirs, And Legal So The Persons Contracting With Him Are Bound, Though He Is Not. No One But The ...

Ratification
Ratification. Ratification Is The Affirmance Of A Voidable Contract After The Minor Has Become Of Full Age. Just What Constitutes A Ratification Is Not Always Clear. Some Courts Hold That There Must Be An Express Promise To Do Or Perform The Contract. (proctor V. Sears. 4 Allen. 95.) Other States ...

Relationship As
Relationship As A Relationship Is Either By Or Affinity. Consanguinity Is Blood Relationship, Or The Connection Imputed To Persons Having A Common Ancestor. Affinity Is A Relationship Resulting From Marriage, As Between The Husband And The Blood Of The Wife, Or Between The Wife And The Blood Relations Of The ...

Religious Liberty
Religious Liberty. The Federal Constitution Declares That "no Religious Test Shall Ever Be Required As A Qualification To Any Office Or Public Trust Under The United States." (art. Vi., Cl. 3.) And The First Amendment Provides That "congress Shall Make No Law Respecting An Of Religion, Or Prohibiting The Free ...

Right To Personal Security
Right To Personal Security Extends For Life Unless Forfeited. The Right For Personal Security Can Only Be Terminated By The Death Of The Person, Except In Those Cases Where It Is Forfeited In Whole Or In Part For The Breach Of Those Laws Which Are Enforced By The Sanction Of ...